Mohinder Verma
JAMMU, Sept 28: The stage is set for the amendments in the Jammu and Kashmir Grant of Permanent Resident Certificate Act, 1963 with the Law Department clearing the proposal of the Revenue Department, which will shortly place the same before the Cabinet and try to table a bill in the Autumn Session of the State Legislature beginning from September 30.
Official sources told EXCELSIOR that Law Department has cleared the Revenue Department’s proposal seeking certain amendments in the existing law in order to ensure hassle free issuance of Permanent Resident Certificates (PRCs) and making some of its provisions stringent particularly relating to action in the event of cancellation of certificates.
Now, the Revenue Department will place the proposal vetted by the Law Department before the State Cabinet during next week and try to get an amendment bill placed during the Autumn Session in case the Cabinet gives nod for the same, sources said.
As per Section 3 Sub-Section D of Jammu and Kashmir Grant of Permanent Resident Certificate Act, 1963, the Government is competent to delegate powers for issuance of PRCs.
As per the standing orders, such powers are delegated to a person, who is himself a permanent resident of the State. When an officer who has been delegated powers for issuance of PRCs for a specific area is transferred the process of issuance of notification for delegation of powers is initiated afresh from the district level and Government on the recommendations of the Deputy Commissioners authorizes the officer to issue such certificates.
“It has been felt that in normal course it takes around one to two months for delegating the powers and during this period the people are made to suffer”, they said, adding “whenever these powers are delegated to new officer the file has to be sent to the Law Department for vetting of the notification and issuance of SRO Number”.
The Revenue Department has proposed delegation of powers to a particular post with area of jurisdiction for issuance of such certificates on permanent basis. This will be subject to the condition that the officer is a permanent resident of J&K and in case the officer is not permanent resident the Divisional Commissioner would be authorized to delegate these powers to some other officer of the same district, sources said.
About the second proposed amendment, sources said that the Revenue Department wants to clearly define the clause pertaining to action in case of any person ceases to a permanent resident and his/her PRC is found having obtained on fake, forged and fictitious documents. “Though in the event of cancellation of PRC nobody can take any benefit as per the Article 370 yet the Revenue Department wants to elaborate the action, which includes imprisonment or fine or both and forfeiting of property”, sources added.
Disclosing that third amendment pertains to the revisional proceedings, sources said, “at present there is one competent authority which deals with the revision proceedings, which are filed after the designated authority rejects the application for issuance of PRC on any ground”. “Under the proposed amendment Deputy Commissioner will dispose of the revisional application in case officer below him is the designated authority to issue PRC. Similarly, Divisional Commissioner will hear such proceedings in case the PRC issuance authority is Deputy Commissioner”, sources added.
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